Introduced Version






HOUSE BILL No. 1054

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-11-2-244.3; IC 13-23.

Synopsis: Notice of underground storage tank leaks. Requires notification to nearby property owners of a release or potential release of a contaminant from an underground storage tank system.

Effective: July 1, 2005.





Ulmer




    January 4, 2005, read first time and referred to Committee on Environmental Affairs.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1054



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-244.3; (05)IN1054.1.1. -->     SECTION 1. IC 13-11-2-244.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 244.3. "UST system", for purposes of IC 13-23, has the meaning set forth in 329 IAC 9-1-49, as in effect on January 1, 2005.
SOURCE: IC 13-23-14-2; (05)IN1054.1.2. -->     SECTION 2. IC 13-23-14-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) A person who violates a rule adopted under IC 13-23-1-2 by:
        (1) knowingly failing to give a required notification; or
        (2) submitting false information;
is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each underground storage tank for which a required notification is not given or for which false information is submitted.
     (b) A person who violates IC 13-23-16 as described in IC 13-23-16-3 is subject to a civil penalty of not more than ten thousand dollars ($10,000) for each incident with respect to a UST system for which:
        (1) a required notification is not given; or
        (2) false information is submitted.

SOURCE: IC 13-23-16; (05)IN1054.1.3. -->     SECTION 3. IC 13-23-16 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 16. Notification to Property Owners
    Sec. 1. A citation in this chapter to a rule refers to the rule as in effect on January 1, 2005.
    Sec. 2. A person required to report under
329 IAC 9-4-1 or 329 IAC 9-4-4 must notify the owner of each parcel of real property located wholly or in part within a one-quarter (1/4) mile radius of the location of the UST system that is the subject of the report. The notification must:
        (1) be made by certified mail;
        (2) be postmarked not later than ten (10) days after the deadline for the report to the department under 329 IAC 9-4-1 or
329 IAC 9-4-4; and
        (3) include the same information reported to the department under 329 IAC 9-4-1 or
329 IAC 9-4-4.
     Sec. 3. A person who violates this chapter by:
        (1) failing to give; or
        (2) submitting false information in;
the notification required by section 2 of this chapter is subject to a civil penalty under IC 13-23-14-2.